In an order after a preliminary conference, Judge Posner expresses his concern that damages will be nontrivial, and gives the parties two weeks to submit briefs addressing the issue. This is a sensible question in many cases, and we at VLF Consulting are in fact seeing increasing interest by our clients in early stage damages assessments. As ever, contact us for assistance.
Here, Judge Posner states: “I am concerned whether the plaintiffs if successful in establishing liability will be entitled to nontrivial damages awards. Suppose the defendants infringed the asserted patents … On those assumptions, would the plaintiffs have any claim for damages, whether compensatory or punitive, or restitution? I would like the parties to address this question in briefs filed simultaneously by close of business on April 2.”
Brandeis University et al v. Nestle USA, Inc., 1-12-cv-01513 (N.D. IL, March 16, 2012, Order) (Posner)